20th September 2013
PRESS RELEASE
The All Progressives Grand Alliance led by Chief Maxi Okwu is on notice of a Federal High Court Awka, Anambra State, order of Thursday September 19th 2013, vacating the earlier one the court made on Monday 16th September instant, on the ground that it was against provisions of the Electoral Act 2010 (as amended).
Justice M.T Salihu made an ex-parte order on Thursday vacating the earlier one he made directing INEC to accept the two candidates Chika Obidigbo and Willie Obianoh produced in primaries conducted by Chief Maxi Okwu and Chief Victor Umeh led APGA pending the hearing and determination of the motion on notice before the court.
It is indeed a travesty of justice that a Court could so turn the law on its head. In the first place the Respondents had a day earlier filed a motion challenging the jurisdiction of the Court. They then came a day later with a motion ex-parte asking the Court to vacate its Order of 16th September 2013. Even a first year lawyer knows that a question of jurisdiction is taken first. Rather than do that, the Judge curiously heard the ex-parte motion and granted same without notice to us though a clear date had been taken to hear the motion on notice.
It is trite that an ex-parte order cannot be vacated when all the parties have been served and placed on notice. The case was adjourned to Monday 23rd September. 2013. The Judge ought not to have taken further step until the adjourned date when all the parties will be before him. There is no urgency that warrants the ex-parte application being set aside.
The plaintiffs shall appeal against the vacation of the order ex-parte of 19th September 2013, and shall file a stay of execution of the said order.
If would be recalled that Chike Obidigbo (Candidate of Okwu-led APGA), Maxi Okwu, Ibrahim Carefor, Gbenga Adeni, Abubakar Adamu and APGA instituted Suit No. FHA/ AWK/CS/219/2013 against Tayo Sowumi, Onwuka Ukwa, Ifeanyi Mbaeri and INEC praying the court to direct INEC to accept the name of the first Applicant (Chike Obidigbo) as APGA Candidate pending the determination of the motion on notice filed along with the application.
Justice M.T Salihu granted the application on 16th September 2013. In compliance with the court order INEC accepted Obidigbo’s nomination form as APGA candidate.
Victor Eneh
Senior Media Assistant to Chief Maxi Okwu
National Chairman, APGA
